Interrogating Birthright Citizenship

Abstract

This contribution critiques U.S. practices respecting birth citizenship. It first describes the logic of territorial birthright citizenship. The practice makes sense only insofar as place of birth has supplied a proxy for community membership. But many who are born in the United States leave permanently at an early age. It is not clear why they should be able to take their citizenship with them. The paper also critiques the liberalized basis for acquiring citizenship on the basis of parentage. In both cases, birth citizenship creates an increasing disconnect between the formal and organic boundaries of community. This disconnect could be addressed by the adoption of presence requirements beyond birth. Presence requirements would be consistent with liberal values to the extent they would strengthen the solidarities of the liberal state. However, it is unclear that presence gives rise to such solidarities. It is also improbable that presence requirements will be adopted. This both evidences and reinforces the declining salience of citizenship.

Citation

Spiro, P.J. (2013), "Interrogating Birthright Citizenship", Sarat, A. (Ed.) Special Issue: Who Belongs? Immigration, Citizenship, and the Constitution of Legality (Studies in Law, Politics, and Society, Vol. 60), Emerald Group Publishing Limited, Leeds, pp. 29-53. https://doi.org/10.1108/S1059-4337(2013)0000060006